CANCELLED: Trusts and Deeds Masterclass
Gain insight into the complex issues of trusts and deeds in this high level afternoon masterclass. Discover how to set up an airtight trust by delving into the areas the Family Court focuses on. Gain in-depth knowledge of issues surrounding insolvent trustees so you are in prime position to give accurate advice. Ensure you are on top of the always relevant areas of amending and resettlement.
Description
Attend and earn 3 CPD points in Competency Area 4: Substantive Law
Chair: Brendan Ashdown, Barrister, John Toohey Chambers; Recommended Wills & Estates Litigation and Family Law Barrister, Doyle’s Guide 2019
2.00pm to 3.00pm: Amending Trust Deeds and the Re-settlement of Trusts
- Circumstances that require or warrant amending deeds
- Source, construction and scope of the power of amendment
- Administrative and procedural requirements
- Resettlement: Is it a thing? The background and law
- Resettlement: Is the ATO right?
- Ultra vires amendments: Voided or resettled trust?
Presented by Leonie Carruthers, Lawyer, Munro Doig; Prepared with Antony Barrier, Director, Munro Doig
3.00pm to 4.00pm: How the Family Court Deals with Trusts
- Family Court treatment of discretionary trusts
- Family Law asset protection strategies and trust structure issues to consider when setting a discretionary trust
Presented by Caroline Teo, Senior Associate, Paterson & Dowding
4.00pm to 4.15pm: Afternoon Tea
4.15pm to 5.15pm: Insolvent Trustees: Advice, Litigation and Management
Providing strategic and litigation advice on the subject of insolvent trustees has always been an uncertain proposition at best. However, recent decisions of state and federal courts have clarified some of the risks facing liquidators and litigants alike in this area of law.
- Advising on the trustee’s right of indemnity in light of the Federal Court’s 2018 Killarnee decision
- The benefits and drawbacks of appointing a receiver over trust assets
- Distinguishing between trust and non-trust assets in a litigation context
Presented by James Marzec, Senior Associate, Zafra Legal Commercial and Taxation Lawyers
Venue
Mercure Perth
Level 1, 10 Irwin St
Perth 6000
WA
Australia